[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR96.71]
[Page 696-699]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 96--NOX Budget Trading Program for State Implementation
Plans--Table of Contents
Subpart H--Monitoring and Reporting
Sec. 96.71 Initial certification and recertification procedures
(a) The owner or operator of a NOX Budget unit that is
subject to an Acid Rain emissions limitation shall comply with the
initial certification and recertification procedures of part 75 of this
chapter, except that:
(1) If, prior to January 1, 1998, the Administrator approved a
petition under Sec. 75.17(a) or (b) of this chapter for apportioning the
NOX emission rate measured in a common stack or a petition
under Sec. 75.66 of this chapter for an alternative to a requirement in
Sec. 75.17 of this chapter, the NOX authorized account
representative shall resubmit the petition to the Administrator under
Sec. 96.75(a) to determine if the approval applies under the
NOX Budget Trading Program.
(2) For any additional CEMS required under the common stack
provisions in Sec. 75.72 of this chapter, or for any NOX
concentration CEMS used under the provisions of Sec. 75.71(a)(2) of this
chapter, the owner or operator shall meet the requirements of paragraph
(b) of this section.
(b) The owner or operator of a NOX Budget unit that is
not subject to an Acid Rain emissions limitation shall comply with the
following initial certification and recertification procedures, except
that the owner or operator of a unit that qualifies to use the low mass
emissions excepted monitoring methodology under Sec. 75.19 shall also
meet the requirements of paragraph (c) of this section and the owner or
operator of a unit that qualifies to use an alternative monitoring
system under subpart E of part 75 of this chapter shall also meet the
requirements of paragraph (d) of this section. The owner or operator of
a NOX Budget unit that is subject to an Acid Rain emissions
limitation, but requires additional CEMS under the common stack
provisions in Sec. 75.72 of this chapter, or that uses a NOX
concentration CEMS under Sec. 75.71(a)(2) of this chapter also shall
comply with the following initial certification and recertification
procedures.
(1) Requirements for initial certification. The owner or operator
shall ensure that each monitoring system required by subpart H of part
75 of this chapter (which includes the automated data acquisition and
handling system) successfully completes all of the initial certification
testing required under Sec. 75.20 of this chapter. The owner or operator
shall ensure that all applicable certification tests are successfully
completed by the deadlines specified in Sec. 96.70(b). In addition,
whenever the owner or operator installs a monitoring system in order to
meet the requirements of this part in a location where no such
monitoring system was previously installed, initial certification
according to Sec. 75.20 is required.
(2) Requirements for recertification. Whenever the owner or operator
makes a replacement, modification, or change in a certified monitoring
system that the Administrator or the permitting authority determines
significantly affects the ability of the system to accurately measure or
record NOX mass emissions or heat input or to meet the
requirements of Sec. 75.21 of this chapter or appendix B to part 75 of
this chapter, the owner or operator shall recertify the monitoring
system according to Sec. 75.20(b) of this chapter. Furthermore, whenever
the owner or operator makes a replacement, modification, or change to
the flue gas handling system or the unit's operation that the
Administrator or the permitting authority determines to significantly
change the flow or concentration profile, the owner or operator shall
recertify the continuous emissions monitoring system according to
Sec. 75.20(b) of this chapter. Examples of changes which require
recertification include: replacement of the analyzer, change in location
or orientation of the sampling probe or site, or changing of flow rate
monitor polynomial coefficients.
(3) Certification approval process for initial certifications and
recertification. (i) Notification of certification. The NOX
[[Page 697]]
authorized account representative shall submit to the permitting
authority, the appropriate EPA Regional Office and the permitting
authority a written notice of the dates of certification in accordance
with Sec. 96.73.
(ii) Certification application. The NOX authorized
account representative shall submit to the permitting authority a
certification application for each monitoring system required under
subpart H of part 75 of this chapter. A complete certification
application shall include the information specified in subpart H of part
75 of this chapter.
(iii) Except for units using the low mass emission excepted
methodology under Sec. 75.19 of this chapter, the provisional
certification date for a monitor shall be determined using the
procedures set forth in Sec. 75.20(a)(3) of this chapter. A
provisionally certified monitor may be used under the NOX
Budget Trading Program for a period not to exceed 120 days after receipt
by the permitting authority of the complete certification application
for the monitoring system or component thereof under paragraph
(b)(3)(ii) of this section. Data measured and recorded by the
provisionally certified monitoring system or component thereof, in
accordance with the requirements of part 75 of this chapter, will be
considered valid quality-assured data (retroactive to the date and time
of provisional certification), provided that the permitting authority
does not invalidate the provisional certification by issuing a notice of
disapproval within 120 days of receipt of the complete certification
application by the permitting authority.
(iv) Certification application formal approval process. The
permitting authority will issue a written notice of approval or
disapproval of the certification application to the owner or operator
within 120 days of receipt of the complete certification application
under paragraph (b)(3)(ii) of this section. In the event the permitting
authority does not issue such a notice within such 120-day period, each
monitoring system which meets the applicable performance requirements of
part 75 of this chapter and is included in the certification application
will be deemed certified for use under the NOX Budget Trading
Program.
(A) Approval notice. If the certification application is complete
and shows that each monitoring system meets the applicable performance
requirements of part 75 of this chapter, then the permitting authority
will issue a written notice of approval of the certification application
within 120 days of receipt.
(B) Incomplete application notice. A certification application will
be considered complete when all of the applicable information required
to be submitted under paragraph (b)(3)(ii) of this section has been
received by the permitting authority. If the certification application
is not complete, then the permitting authority will issue a written
notice of incompleteness that sets a reasonable date by which the
NOX authorized account representative must submit the
additional information required to complete the certification
application. If the NOX authorized account representative
does not comply with the notice of incompleteness by the specified date,
then the permitting authority may issue a notice of disapproval under
paragraph (b)(3)(iv)(C) of this section.
(C) Disapproval notice. If the certification application shows that
any monitoring system or component thereof does not meet the performance
requirements of this part, or if the certification application is
incomplete and the requirement for disapproval under paragraph
(b)(3)(iv)(B) of this section has been met, the permitting authority
will issue a written notice of disapproval of the certification
application. Upon issuance of such notice of disapproval, the
provisional certification is invalidated by the permitting authority and
the data measured and recorded by each uncertified monitoring system or
component thereof shall not be considered valid quality-assured data
beginning with the date and hour of provisional certification. The owner
or operator shall follow the procedures for loss of certification in
paragraph (b)(3)(v) of this section for each monitoring system or
component thereof which is disapproved for initial certification.
[[Page 698]]
(D) Audit decertification. The permitting authority may issue a
notice of disapproval of the certification status of a monitor in
accordance with Sec. 96.72(b).
(v) Procedures for loss of certification. If the permitting
authority issues a notice of disapproval of a certification application
under paragraph (b)(3)(iv)(C) of this section or a notice of disapproval
of certification status under paragraph (b)(3)(iv)(D) of this section,
then:
(A) The owner or operator shall substitute the following values, for
each hour of unit operation during the period of invalid data beginning
with the date and hour of provisional certification and continuing until
the time, date, and hour specified under Sec. 75.20(a)(5)(i) of this
chapter:
(1) For units using or intending to monitor for NOX
emission rate and heat input or for units using the low mass emission
excepted methodology under Sec. 75.19 of this chapter, the maximum
potential NOX emission rate and the maximum potential hourly
heat input of the unit.
(2) For units intending to monitor for NOX mass emissions
using a NOX pollutant concentration monitor and a flow
monitor, the maximum potential concentration of NOX and the
maximum potential flow rate of the unit under section 2.1 of appendix A
of part 75 of this chapter;
(B) The NOX authorized account representative shall
submit a notification of certification retest dates and a new
certification application in accordance with paragraphs (b)(3)(i) and
(ii) of this section; and
(C) The owner or operator shall repeat all certification tests or
other requirements that were failed by the monitoring system, as
indicated in the permitting authority's notice of disapproval, no later
than 30 unit operating days after the date of issuance of the notice of
disapproval.
(c) Initial certification and recertification procedures for low
mass emission units using the excepted methodologies under Sec. 75.19 of
this chapter. The owner or operator of a gas-fired or oil-fired unit
using the low mass emissions excepted methodology under Sec. 75.19 of
this chapter shall meet the applicable general operating requirements of
Sec. 75.10 of this chapter, the applicable requirements of Sec. 75.19 of
this chapter, and the applicable certification requirements of
Sec. 96.71 of this chapter, except that the excepted methodology shall
be deemed provisionally certified for use under the NOX
Budget Trading Program, as of the following dates:
(1) For units that are reporting on an annual basis under
Sec. 96.74(d);
(i) For a unit that has commences operation before its compliance
deadline under Sec. 96.71(b), from January 1 of the year following
submission of the certification application for approval to use the low
mass emissions excepted methodology under Sec. 75.19 of this chapter
until the completion of the period for the permitting authority review;
or
(ii) For a unit that commences operation after its compliance
deadline under Sec. 96.71(b), the date of submission of the
certification application for approval to use the low mass emissions
excepted methodology under Sec. 75.19 of this chapter until the
completion of the period for permitting authority review, or
(2) For units that are reporting on a control period basis under
Sec. 96.74(b)(3)(ii) of this part:
(i) For a unit that commenced operation before its compliance
deadline under Sec. 96.71(b), where the certification application is
submitted before May 1, from May 1 of the year of the submission of the
certification application for approval to use the low mass emissions
excepted methodology under Sec. 75.19 of this chapter until the
completion of the period for the permitting authority review; or
(ii) For a unit that commenced operation before its compliance
deadline under Sec. 96.71(b), where the certification application is
submitted after May 1, from May 1 of the year following submission of
the certification application for approval to use the low mass emissions
excepted methodology under Sec. 75.19 of this chapter until the
completion of the period for the permitting authority review; or
(iii) For a unit that commences operation after its compliance
deadline under Sec. 96.71(b), where the unit commences operation before
May 1, from
[[Page 699]]
May 1 of the year that the unit commenced operation, until the
completion of the period for the permitting authority's review.
(iv) For a unit that has not operated after its compliance deadline
under Sec. 96.71(b), where the certification application is submitted
after May 1, but before October 1st, from the date of submission of a
certification application for approval to use the low mass emissions
excepted methodology under Sec. 75.19 of this chapter until the
completion of the period for the permitting authority's review.
(d) Certification/recertification procedures for alternative
monitoring systems. The NOX authorized account representative
representing the owner or operator of each unit applying to monitor
using an alternative monitoring system approved by the Administrator
and, if applicable, the permitting authority under subpart E of part 75
of this chapter shall apply for certification to the permitting
authority prior to use of the system under the NOX Trading
Program. The NOX authorized account representative shall
apply for recertification following a replacement, modification or
change according to the procedures in paragraph (b) of this section. The
owner or operator of an alternative monitoring system shall comply with
the notification and application requirements for certification
according to the procedures specified in paragraph (b)(3) of this
section and Sec. 75.20(f) of this chapter .